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Guidelines

1. Criminal law matters

1.5. Criminal law matters involving both Commonwealth and State law

Legal aid is available to an applicant who has been charged with breaches of both Commonwealth and State criminal laws.

Legal Aid NSW will administer the grant of aid as follows:

  • Commonwealth legal aid funds will be used if, in the nature of the charges and the course of the hearing, the matter is essentially a Commonwealth criminal law matter
  • state legal aid funds will be used if, in the nature of the charges and the course of the hearing, the matter is essentially a state criminal law matter, and
  • if there is a substantial mix of Commonwealth and state criminal law charges, Commonwealth and state funds will be used proportionately, as determined by Legal Aid NSW.

Assessing the status of a matter

A matter that is prosecuted by the Commonwealth Director of Public Prosecutions is taken to be essentially a Commonwealth matter.

 

Date Last Published: 01/12/2010